Santa Cruz County Grand Jury • 2006-2007

PDF of complete 2006-07 Grand Jury Final Report

Published: January 23, 2008 217 pages Consolidated Report
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Note: Missing finding numbers detected: F3, F8, F12, F16, F30, F31, F36, F37, F42, F44, F45, F47, F49, F51, F52, F54, F55, F56, F57, F58, F59, F60, F61, F62, F63, F64, F65, F66, F67, F68, F69, F70, F71, F72, F73, F74, F75, F76, F77, F78, F79, F80, F81, F82, F83, F84, F85, F86, F87, F88, F89, F90, F91, F92, F93, F94, F95, F96, F97, F98, F99, F100, F101, F102, F103, F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, F184, F185, F186, F187, F188, F189, F190, F191, F192, F193, F194, F195, F196, F197, F198, F199, F200, F201, F202, F203, F204, F205, F206, F207, F208, F209, F210, F211, F212, F213, F214, F215, F216, F217, F218, F219, F220, F221, F222, F223, F224, F225, F226, F227, F228, F229, F230, F231, F232, F233, F234, F235, F236, F237, F238, F239, F240, F241, F242, F243, F244, F245, F246, F247, F248, F249, F250, F251, F252, F253, F254, F255, F256, F257, F258, F259, F260, F261, F262, F263, F264, F265, F266, F267, F268, F269, F270, F271, F272, F273, F274, F275, F276, F277, F278, F279, F280, F281, F282, F283, F284, F285, F286, F287, F288, F289, F290, F291, F292, F293, F294, F295, F296, F297, F298, F299, F300, F301, F302, F303, F304, F305, F306, F307, F308, F309, F310, F311, F312, F313, F314, F315, F316, F317, F318, F319, F320, F321, F322, F323, F324, F325, F326, F327, F328, F329, F330, F331, F332, F333, F334, F335, F336, F337, F338, F339, F340, F341, F342, F343, F344, F345, F346, F347, F348, F349, F350, F351, F352, F353, F354, F355, F356, F357, F358, F359, F360, F361, F362, F363, F364, F365, F366, F367, F368, F369, F370, F371, F372, F373, F374, F375, F376, F377, F378, F379, F380, F381, F382, F383, F384, F385, F386, F387, F388, F389, F390, F391, F392, F393, F394, F395, F396, F397, F398, F399, F400, F401, F402, F403, F404, F405, F406, F407, F408, F409, F410, F411, F412, F413, F414, F415, F416, F417, F418, F419, F420, F421, F422, F423, F424, F425, F426, F427, F428, F429, F430, F431, F432, F433, F434, F435, F436, F437, F438, F439, F440, F441, F442, F443, F444, F445, F446, F447, F448, F449, F450, F451, F452, F453, F454, F455, F456, F457, F458, F459, F460, F461, F462, F463, F464, F465, F466, F467, F468, F469, F470, F471, F472, F473, F474, F475, F476, F477, F478, F479, F480, F481, F482, F483, F484, F485, F486, F487, F488, F489, F490, F491, F492, F493, F494, F495, F496, F497, F498, F499, F500, F501, F502, F503, F504, F505, F506, F507, F508, F509, F510, F511, F512, F513, F514, F515, F516, F517, F518, F519, F520, F521, F522, F523, F524, F525, F526, F527, F528, F529, F530, F531, F532, F533, F534, F535, F536, F537, F538, F539, F540, F541, F542, F543, F544, F545, F546, F547, F548, F549, F550, F551, F552, F553, F554, F555, F556, F557, F558, F559, F560, F561, F562, F563, F564, F565, F566, F567, F568, F569, F570, F571, F572, F573, F574, F575, F576, F577, F578, F579, F580, F581, F582, F583, F584, F585, F586, F587, F588, F589, F590, F591, F592, F593, F594, F595, F596, F597, F598, F599, F600, F601, F602, F603, F604, F605, F606, F607, F608, F609, F610, F611, F612, F613, F614, F615, F616, F617, F618, F619, F620, F621, F622, F623, F624, F625, F626, F627, F628, F629, F630, F631, F632, F633, F634, F635, F636, F637, F638, F639, F640, F641, F642, F643, F644, F645, F646, F647, F648, F649, F650, F651, F652, F653, F654, F655, F656, F657, F658, F659, F660, F661, F662, F663, F664, F665, F666, F667, F668, F669, F670, F671, F672, F673, F674, F675, F676, F677, F678, F679, F680, F681, F682, F683, F684, F685, F686, F687, F688, F689, F690, F691, F692, F693, F694, F695, F696, F697, F698, F699, F700, F701, F702, F703, F704, F705, F706, F707, F708, F709, F710, F711, F712, F713, F714, F715, F716, F717, F718, F719, F720, F721, F722, F723, F724, F725, F726, F727, F728, F729, F730, F731, F732, F733, F734, F735, F736, F737, F738, F739, F740, F741, F742, F743, F744, F745, F746, F747, F748, F749, F750, F751, F752, F753, F754, F755, F756, F757, F758, F759, F760, F761, F762, F763, F764, F765, F766, F767, F768, F769, F770, F771, F772, F773, F774, F775, F776, F777, F778, F779, F780, F781, F782, F783, F784, F785, F786, F787, F788, F789, F790, F791, F792, F793, F794, F795, F796, F797, F798, F799, F800, F801, F802, F803, F804, F805, F806, F807, F808, F809, F810, F811, F812, F813, F814, F815, F816, F817, F818, F819, F820, F821, F822, F823, F824, F825, F826, F827, F828, F829, F830, F831, F832, F833, F834, F835, F836, F837, F838, F839, F840, F841, F842, F843, F844, F845, F846, F847, F848, F849, F850, F851, F852, F853, F854, F855, F856, F857, F858, F859, F860, F861, F862, F863, F864, F865, F866, F867, F868, F869, F870, F871, F872, F873, F874, F875, F876, F877, F878, F879, F880, F881, F882, F883, F884, F885, F886, F887, F888, F889, F890, F891, F892, F893, F894, F895, F896, F897, F898, F899, F900, F901, F902, F903, F904, F905, F906, F907, F908, F909, F910, F911, F912, F913, F914, F915, F916, F917, F918, F919, F920, F921, F922, F923, F924, F925, F926, F927, F928, F929, F930, F931, F932, F933, F934, F935, F936, F937, F938, F939, F940, F941, F942, F943, F944, F945, F946, F947, F948, F949, F950, F951, F952, F953, F954, F955, F956, F957, F958, F959, F960, F961, F962, F963, F964, F965, F966, F967, F968, F969, F970, F971, F972, F973, F974, F975, F976, F977, F978, F979, F980, F981, F982, F983, F984, F985, F986, F987, F988, F989, F990, F991, F992, F993, F994, F995, F996, F997, F998, F999, F1000, F1001, F1002, F1003, F1004, F1005, F1006, F1007, F1008, F1009, F1010, F1011, F1012, F1013, F1014, F1015, F1016, F1017, F1018, F1019, F1020, F1021, F1022, F1023, F1024, F1025, F1026, F1027, F1028, F1029, F1030, F1031, F1032, F1033, F1034, F1035, F1036, F1037, F1038, F1039, F1040, F1041, F1042, F1043, F1044, F1045, F1046, F1047, F1048, F1049, F1050, F1051, F1052, F1053, F1054, F1055, F1056, F1057, F1058, F1059, F1060, F1061, F1062, F1063, F1064, F1065, F1066, F1067, F1068, F1069, F1070, F1071, F1072, F1073, F1074, F1075, F1076, F1077, F1078, F1079, F1080, F1081, F1082, F1083, F1084, F1085, F1086, F1087, F1088, F1089, F1090, F1091, F1092, F1093, F1094, F1095, F1096, F1097, F1098, F1099, F1100, F1101, F1102, F1103, F1104, F1105, F1106, F1107, F1108, F1109, F1110, F1111, F1112, F1113, F1114, F1115, F1116, F1117, F1118, F1119, F1120, F1121, F1122, F1123, F1124, F1125, F1126, F1127, F1128, F1129, F1130, F1131, F1132, F1133, F1134, F1135, F1136, F1137, F1138, F1139, F1140, F1141, F1142, F1143, F1144, F1145, F1146, F1147, F1148, F1149, F1150, F1151, F1152, F1153, F1154, F1155, F1156, F1157, F1158, F1159, F1160, F1161, F1162, F1163, F1164, F1165, F1166, F1167, F1168, F1169, F1170, F1171, F1172, F1173, F1174, F1175, F1176, F1177, F1178, F1179, F1180, F1181, F1182, F1183, F1184, F1185, F1186, F1187, F1188, F1189, F1190, F1191, F1192, F1193, F1194, F1195, F1196, F1197, F1198, F1199, F1200, F1201, F1202, F1203, F1204, F1205, F1206, F1207, F1208, F1209, F1210, F1211, F1212, F1213, F1214, F1215, F1216, F1217, F1218, F1219, F1220, F1221, F1222, F1223, F1224, F1225, F1226, F1227, F1228, F1229, F1230, F1231, F1232, F1233, F1234, F1235, F1236, F1237, F1238, F1239, F1240, F1241, F1242, F1243, F1244, F1245, F1246, F1247, F1248, F1249, F1250, F1251, F1252, F1253, F1254, F1255, F1256, F1257, F1258, F1259, F1260, F1261, F1262, F1263, F1264, F1265, F1266, F1267, F1268, F1269, F1270, F1271, F1272, F1273, F1274, F1275, F1276, F1277, F1278, F1279, F1280, F1281, F1282, F1283, F1284, F1285, F1286, F1287, F1288, F1289, F1290, F1291, F1292, F1293, F1294, F1295, F1296, F1297, F1298, F1299, F1300, F1301, F1302, F1303, F1304, F1305, F1306, F1307, F1308, F1309, F1310, F1311, F1312, F1313, F1314, F1315, F1316, F1317, F1318, F1319, F1320, F1321, F1322, F1323, F1324, F1325, F1326, F1327, F1328, F1329, F1330, F1331, F1332, F1333, F1334, F1335, F1336, F1337, F1338, F1339, F1340, F1341, F1342, F1343, F1344, F1345, F1346, F1347, F1348, F1349, F1350, F1351, F1352, F1353, F1354, F1355, F1356, F1357, F1358, F1359, F1360, F1361, F1362, F1363, F1364, F1365, F1366, F1367, F1368, F1369, F1370, F1371, F1372, F1373, F1374, F1375, F1376, F1377, F1378, F1379, F1380, F1381, F1382, F1383, F1384, F1385, F1386, F1387, F1388, F1389, F1390, F1391, F1392, F1393, F1394, F1395, F1396, F1397, F1398, F1399, F1400, F1401, F1402, F1403, F1404, F1405, F1406, F1407, F1408, F1409, F1410, F1411, F1412, F1413, F1414, F1415, F1416, F1417, F1418, F1419, F1420, F1421, F1422, F1423, F1424, F1425, F1426, F1427, F1428, F1429, F1430, F1431, F1432, F1433, F1434, F1435, F1436, F1437, F1438, F1439, F1440, F1441, F1442, F1443, F1444, F1445, F1446, F1447, F1448, F1449, F1450, F1451, F1452, F1453, F1454, F1455, F1456, F1457, F1458, F1459, F1460, F1461, F1462, F1463, F1464, F1465, F1466, F1467, F1468, F1469, F1470, F1471, F1472, F1473, F1474, F1475, F1476, F1477, F1478, F1479, F1480, F1481, F1482, F1483, F1484, F1485, F1486, F1487, F1488, F1489, F1490, F1491, F1492, F1493, F1494, F1495, F1496, F1497, F1498, F1499, F1500, F1501, F1502, F1503, F1504, F1505, F1506, F1507, F1508, F1509, F1510, F1511, F1512, F1513, F1514, F1515, F1516, F1517, F1518, F1519, F1520, F1521, F1522, F1523, F1524, F1525, F1526, F1527, F1528, F1529, F1530, F1531, F1532, F1533, F1534, F1535, F1536, F1537, F1538, F1539, F1540, F1541, F1542, F1543, F1544, F1545, F1546, F1547, F1548, F1549, F1550, F1551, F1552, F1553, F1554, F1555, F1556, F1557, F1558, F1559, F1560, F1561, F1562, F1563, F1564, F1565, F1566, F1567, F1568, F1569, F1570, F1571, F1572, F1573, F1574, F1575, F1576, F1577, F1578, F1579, F1580, F1581, F1582, F1583, F1584, F1585, F1586, F1587, F1588, F1589, F1590, F1591, F1592, F1593, F1594, F1595, F1596, F1597, F1598, F1599, F1600, F1601, F1602, F1603, F1604, F1605, F1606, F1607, F1608, F1609, F1610, F1611, F1612, F1613, F1614, F1615, F1616, F1617, F1618, F1619, F1620, F1621, F1622, F1623, F1624, F1625, F1626, F1627, F1628, F1629, F1630, F1631, F1632, F1633, F1634, F1635, F1636, F1637, F1638, F1639, F1640, F1641, F1642, F1643, F1644, F1645, F1646, F1647, F1648, F1649, F1650, F1651, F1652, F1653, F1654, F1655, F1656, F1657, F1658, F1659, F1660, F1661, F1662, F1663, F1664, F1665, F1666, F1667, F1668, F1669, F1670, F1671, F1672, F1673, F1674, F1675, F1676, F1677, F1678, F1679, F1680, F1681, F1682, F1683, F1684, F1685, F1686, F1687, F1688, F1689, F1690, F1691, F1692, F1693, F1694, F1695, F1696, F1697, F1698, F1699, F1700, F1701, F1702, F1703, F1704, F1705, F1706, F1707, F1708, F1709, F1710, F1711, F1712, F1713, F1714, F1715, F1716, F1717, F1718, F1719, F1720, F1721, F1722, F1723, F1724, F1725, F1726, F1727, F1728, F1729, F1730, F1731, F1732, F1733, F1734, F1735, F1736, F1737, F1738, F1739, F1740, F1741, F1742, F1743, F1744, F1745, F1746, F1747, F1748, F1749, F1750, F1751, F1752, F1753, F1754, F1755, F1756, F1757, F1758, F1759, F1760, F1761, F1762, F1763, F1764, F1765, F1766, F1767, F1768, F1769, F1770, F1771, F1772, F1773, F1774, F1775, F1776, F1777, F1778, F1779, F1780, F1781, F1782, F1783, F1784, F1785, F1786, F1787, F1788, F1789, F1790, F1791, F1792, F1793, F1794, F1795, F1796, F1797, F1798, F1799, F1800, F1801, F1802, F1803, F1804, F1805, F1806, F1807, F1808, F1809, F1810, F1811, F1812, F1813, F1814, F1815, F1816, F1817, F1818, F1819, F1820, F1821, F1822, F1823, F1824, F1825, F1826, F1827, F1828, F1829, F1830, F1831, F1832, F1833, F1834, F1835, F1836, F1837, F1838, F1839, F1840, F1841, F1842, F1843, F1844, F1845, F1846, F1847, F1848, F1849, F1850, F1851, F1852, F1853, F1854, F1855, F1856, F1857, F1858, F1859, F1860, F1861, F1862, F1863, F1864, F1865, F1866, F1867, F1868, F1869, F1870, F1871, F1872, F1873, F1874, F1875, F1876, F1877, F1878, F1879, F1880, F1881, F1882, F1883, F1884, F1885, F1886, F1887, F1888, F1889, F1890, F1891, F1892, F1893, F1894, F1895, F1896, F1897, F1898, F1899, F1900, F1901, F1902, F1903, F1904, F1905, F1906, F1907, F1908, F1909, F1910, F1911, F1912, F1913, F1914, F1915, F1916, F1917, F1918, F1919, F1920, F1921, F1922, F1923, F1924, F1925, F1926, F1927, F1928, F1929, F1930, F1931, F1932, F1933, F1934, F1935, F1936, F1937, F1938, F1939, F1940, F1941, F1942, F1943, F1944, F1945, F1946, F1947, F1948, F1949, F1950, F1951, F1952, F1953, F1954, F1955, F1956, F1957, F1958, F1959, F1960, F1961, F1962, F1963, F1964, F1965, F1966, F1967, F1968, F1969, F1970, F1971, F1972, F1973, F1974, F1975, F1976, F1977, F1978, F1979, F1980, F1981, F1982, F1983, F1984, F1985, F1986, F1987, F1988, F1989, F1990, F1991, F1992, F1993, F1994, F1995, F1996, F1997, F1998, F1999, F2000, F2001, F2002, F2003, F2005, F2006

Findings 40 findings

F1 Page 30
Expand the Assessor’s Office web site to include a discussion of how business assessments are conducted. Without disclosing confidential financial information, the methodology used by the Assessor’s Office should be explained for different categories of properties so that the appraisal approach is more transparent. This would enhance the public’s understanding and perception of the fairness of the assessment process. Response: The Assessor PARTIALLY AGREES. The Assessor’s web site, under Property Tax Information, has a pamphlet titled “Business Property.” It explains what we do, who must file, types of property, etc. Based on your recommendation we have added a direct link to the State Board of Equalization handbook, AH 504 Assessment Of Personal Property And Fixtures for additional reference.
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Ensure that the district does not 2. Receive and review financial spend these funds on salaries or audits. other operating expenses. 3. Inspect school facilities and grounds.
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Receive and review deferred maintenance proposals.
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Review efforts by the district to implement cost-saving measures The Education Code also specifies that the Citizen Oversight Committee shall: • Consist of a least seven members. Four members shall come from specified interest groups. • Have members who are not district employees, officials, contractors, vendors or consultants. • Have members who serve for a term of two to four years without compensation. • Receive from the district all necessary technical and administrative support to further its purpose. • Hold meetings open to the public with published meeting minutes. • Report on its activities to the public at least once per year. Measure D bonds for the Cabrillo Community College District for $118.5 million committed the district to incorporate statutory requirements described above to qualify for the 55% voter approval standard. Window Dressing or Effective Oversight? - 2 Status of Measure D funds Design and construction is well under way on a number of projects. Some projects are complete. As of June 30, 2006, $24.4 million had been expended and a total of $101. 2 million had been committed. The oversight committee has published two annual reports, and two annual financial and performance audits have been conducted. Enough work has been completed to allow an initial evaluation of the performance of the district and the Citizen Oversight Committee in meeting their obligations under Measure D. Voter Pamphlet Information The California Constitution requires that a bond measure contain a list of specific school facility projects for accountability purposes. The list contained in the voter pamphlet for Measure D was organized into a paragraph format naming categories of projects, albeit with some specific projects noted. This specific list is not used in subsequent documents as the projects are reported on and tracked. In fact, a new approach to the list is developed for each type of report. The following illustrates the point: Voter Pamphlet (VP)................................................................. 9 categories of projects Master Plan of November 3 2004 (referenced in VP)............... 29 projects/categories COC 1st Annual Report (2005).................................................. 17 projects/categories 2005 Audit Report..................................................................... 8 projects/categories 2006 Audit Report..................................................................... 7 projects/categories COC 2nd Annual Report (2006)................................................. 22 projects/categories Master Plan, Measure D Project list January 18, 2007............. 70 projects It’s understood that the format of the project descriptions used for the voter pamphlet may have been drafted for ease of reading; however, this format makes the reporting and accountability to the public problematic. It is not as transparent as it could be. The reference to the District Facilities Master Plan and the November 3, 2003 amendment is not very helpful either. Even if a voter were to take the trouble to find this document, the amendment still deals largely in categories of projects, not strictly a list of specific projects. The net effect is that the specific project list is more obscure than necessary. It seems clear from the language of the law that there is to be a certain level of specificity in the project list. It states, “A list of specific school facilities projects to be funded...” shall be included in the proposition as an “accountability requirement” (Article XIIIA Sec 1 (b) (3). If the list is specific, clear and well defined, it will be traceable in reports to the public as to when funds are expended and when they are not. Accountability will thereby be maintained. It should start with the master plan and the voter pamphlet and then be carried through to other reports and documents. – 3 Window Dressing or Effective Oversight? It is recognized that the list will change somewhat over time to adjust to unforeseen circumstances. This should be covered by annotations to the list. There is no suggestion that anyone is trying to mislead the public, but the public has a right to understand what they are voting for and what they are getting as the projects progress. Independence of the Citizen Oversight Committee The Education Code stipulates that an oversight committee member shall not be an employee, or an official of the district or a vendor, contractor or consultant to the district. In order for the committee to provide objective oversight, this independence is essential. It appears that the district has met the letter of the law. The question remains as to whether this specific legal requirement is all that is necessary to provide credible independent oversight. There are several practical things that the district could do to enhance the independence and thus the credibility of the oversight committee and the district’s standing in the eyes of the public. The normal review functions could include additional items which may result in recommendations to the board for consideration. After a response from the board, the oversight committee would go on record with its acceptance or its objection. Some examples that the committee could undertake are: • By-laws • Selection of the independent auditor • Audit scope and methodology (prior to the audit) • Final audit report (prior to board acceptance) Citizen Oversight Committee Membership The seven-member minimum requirement listed in the Education Code allows for five members from interest groups (a business person, taxpayer, senior citizen, representative from a college support organization and a student) as well as two at-large members not belonging to one of these groups. Since it is likely that some expertise that would benefit the committee in its work would be found in the at-large members, the possibility of increasing the number of members to bring a broader range of expertise should be considered. The argument that more at-large members would dilute the voices of the stipulated interest groups is true. However, that was already contemplated in the law when it stipulated that seven members is a minimum. There are a number of specific areas of expertise that could be invited in press releases and other solicitations and should be given weight in consideration for COC membership. Some of these areas are as follows: • Accounting • Financial Management • Auditing Window Dressing or Effective Oversight? - 4 • Construction • Construction Management • School Administration • Experience with DSA • Value Engineering Citizen Oversight Committee By-Laws The committee’s by-laws were prepared by the district and issued to the committee. The by-laws authorize facility inspections and review functions for: the audit report, deferred maintenance proposals and cost-saving measures when offered by the district. The available meeting minutes do not reflect any review of deferred maintenance and cost saving proposals. The by-laws do not define the process to deal with concerns or issues raised by the oversight committee itself. They do not authorize a committee role in working with the district to establish priorities when projects are delayed or cancelled, as suggested by the text of Measure D. In fact, the by-laws devote twice as much space to what the committee is not authorized to do than what they are authorized to do. Independent Audit Report The performance audit dated June 30, 2005 reported on some categories of projects traceable to the Master Facilities Plan and the November 3, 2003 amendment, but not on a complete specific project list that could be regularly monitored in future reports. It did not list the authorized projects for which no funds have been expended. Such listing may not be required by the law but would enhance transparency and aid the voter in understanding the status of the Measure D projects. This first audit report does not mention the total number of invoices paid with Measure D funds and the number of invoices checked and their total value. Such numbers would give a better insight to the scope of the audit and the basis for accepting the conclusions of the audit. It merely states that they found no non-compliances. Since we do not know the size of the sample and the total number of invoices, the Grand Jury does not have a basis for judging the reliability of the implied conclusion that there have been no misappropriations of funds. The performance audit dated June 30, 2006 has similar shortcomings. Although the inspected invoices (totaling 25% of expended funds) are listed, the total available invoices for inspection are not listed. Furthermore, the 25% value was not applied to each category of expenditure. All that is certified is that they found no misappropriations in what they looked at. We, therefore, do not have an independent auditor’s opinion that there have been no misappropriations of funds. Construction Quality Control and Construction Safety Programs The Citizen Oversight Committee appears to have no role in the review of construction quality control and construction safety programs. Although such a role is not required by – 5 Window Dressing or Effective Oversight? law, one might expect that the committee would insist on seeing program documentation to confirm that such programs are in place. Quality control problems could have a serious impact on cost and schedule. The public is reliant on the district to oversee these functions. The district contracts with contractors, the construction manager and inspector of record to assure quality and safety. However, in order to manage these areas and ensure compliance, an agreement on the definition of roles and responsibilities is critical. The district has not fully implemented or defined an integrated program that captures all construction activities. The design team and the construction contractors play the key role, but the oversight function of the district over the contractors, construction manager and the inspector of record is critical to such projects. Many elements are in place, but there is no single document for each of these two areas that defines the role and responsibilities of all the parties. Findings 1. The specific project list which defines for the voters what they are voting on is not clear and consistent in the District Master Plan, voter pamphlet, COC Annual Report and the performance audits. Response: The Cabrillo Community College Governing Board DISAGREES. Cabrillo College has consistently met all of the reporting and compliance requirements for school bond funds. The purposes of each of the reports, 1) District Facility Master Plan, 2) COC Annual Report and 3) Proposition 39 performance audit differ from the purpose of the voter pamphlet. • The District Facility Master Plan (FMP) is a comprehensive document that sets forth a long term vision for the facility needs of the college. It includes projects funded not only by local bond funds, but also funds provided by the state capital outlay program, redevelopment agencies, and local contributions. Twice a year, the FMP is submitted to the Governing Board at a public meeting for approval and to the COC for review. This report provides a detailed summary of projects recently completed, projects under construction, and projects approved for future construction. This semi-annual report also provides recommendations for changes to FMP projects; scope, budget or schedule. In addition, a monthly FMP Project Status Report is submitted to the Governing Board and to members of the COC for their review. This report provides monthly updates on the status of major active FMP projects. • In compliance with Proposition 39, the voter pamphlet is a brief summary of portions of the Facility Master Plan which are authorized projects to be funded with Measure D funds. • The COC Annual Report contains a summary of the “results of its (COC) activities” for the prior year. (Ed. Code 15280) and a statement regarding whether the District is in compliance with state law in accounting for and expending public bond funds. Window Dressing or Effective Oversight? - 6 • The Proposition 39 Annual Performance Audit reflects only a description of the projects on which bond money was spent as authorized by Measure D and a conclusion as to whether or not bond funds were used for teacher or administrator salaries.
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The district has not defined and published an integrated construction quality control program document and a construction safety program document for the Measure D projects. Window Dressing or Effective Oversight? - 8 Response: The Cabrillo Community College Governing Board DISAGREES The District has defined quality control and safety program requirements in the contracts with the construction managers, architects, inspectors and contractors. The contractors are contractually responsible for the quality of their work as described in the contract documents, Section 2.3.4.2 (Construction Quality). The construction manager has the authority and responsibility to address defective or deficient construction or workmanship as stated in section 2.3.4.3 of the contract (Rejection of Work). The Inspector of Record also has responsibility for the quality of work on the site as required by Section 9-81130 of the Education Code. In addition the Architect of Record’s agreement with the District requires that the Architect shall “advise the District regarding defects and deficiencies observed by the Architect in the work of the contractors.” With regards to safety, the contractors are clearly responsible for safety on the job site as defined in section 4.9.1 of their General Conditions which states: The Contractor shall be solely responsible for initiating, maintaining and supervising all safety programs required by applicable law, ordinance, regulation or governmental orders in connection with the performance of the contract, or otherwise required by the type or nature of the Work. The Contractor’s safety program shall include all actions and programs necessary for compliance with California or federally statutorily mandated workplace safety programs, including without limitation, compliance with the California Drug Free Workplace Act of 1990 (California Government Code 8350 et seq.). Without limiting or relieving the Contractor of its obligations hereunder, the Contractor shall require that its Subcontractors similarly initiate and maintain all appropriate or required safety programs. With regards to safety each Contractor is defined as the “controlling employer” for purposes of the Multi-Employer Worksite Rules of the California Occupational Safety and Health Administration (California Code of Regulations 336.10). The District has implemented more frequent safety inspections as a result of concerns from the Grand Jury. The District has contracted with Safework to conduct inspections on a twice per month basis and to insure that prior safety notices have been remedied.
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One inspector of record did not agree that he had responsibility for what was called “quality control” by the construction manager. Response from The Cabrillo Community College Governing Board: The Cabrillo Community College Governing Board AGREES that the inspector of record may not have agreed to having responsibility for quality control, but DISAGREES with the inspector of record’s opinion. As mentioned in item 6 the inspector of record is responsible for the document completion on the site as is required by Section 81130 of the Education Code as follows: “(a) The Department of General Services under the police power of the state shall supervise the design and construction of any school building or the reconstruction or alteration of, or addition to, any school building, if not exempted under Section – 9 Window Dressing or Effective Oversight? 81133, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property.” The District is not aware of any other inspector on site (of which there are currently five) who agrees with the opinion of the one cited. Conclusions 1. Greater transparency can and should be achieved in tracking projects. In order for the oversight committee, auditors, district staff and the public to track the specific projects throughout the life of the Measure D program, it is necessary for the district to define and maintain a consistent, detailed specific list in all the public documents.
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In future audits, the processes and a sufficient number of invoices should be tested to allow the auditor to render an opinion with a high and defined level of confidence that there has been no misappropriation of funds. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The performance audit report requires that the accountant not issue an opinion, either positive or negative.
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In future audits, the auditor should report on the number of invoices examined and the total invoices processed for the Measure D fund. – 13 Window Dressing or Effective Oversight? Response from the Cabrillo Community College Governing Board: This recommendation has not been implemented, but will be implemented for the June 2008 audit. Responses Requested Entity Findings Recommendations Respond Within Cabrillo Community 1 - 7 1 - 10 90 Days College Governing October 1, 2007 Board References Documents Voter Pamphlet for Santa Cruz County March 2, 2004 Cabrillo College District Facilities Master Plan November 3, 2003 update Cabrillo College District Facilities Master Plan March 7, 2007 update Cabrillo College Organizational Chart dated September 2, 2004 Citizens Oversight Committee Annual Report March 2004 through June 2005 Citizens Oversight Committee Annual Report March 2005 through June 2006 COC Meeting Minutes dated August 24, 2004 COC Meeting Minutes dated December 14, 2004 COC Meeting Minutes dated March 8, 2005 COC Meeting Minutes dated June 14, 2005 COC Meeting Minutes dated July 12, 2005 COC Meeting Minutes dated August 4, 2005 COC Meeting Minutes dated Nov 9, 2005 COC Meeting Minutes dated February 7, 2006 COC Meeting Minutes dated May 9, 2006 COC Meeting Minutes dated August 8, 2006 Measure D Bond Fund Financial and Performance Audit June 2005 Measure D Bond Fund Financial and Performance Audit June 2006 District By-Laws for Citizens Oversight Committee — undated Stradling/Yocca/Carlson/Routh--Bond Council Agreement of May 1, 2003 Bogard/Kitchell Agreement for Construction Management Services of January 7, 2004 and amended March 1, 2006 Bogard/ Kitchel (David Tanza) letter of March 15, 2007 Subject: Quality Control Window Dressing or Effective Oversight? - 14 CA Constitution Article XIIIA Section 1 Subdivision (b) Paragraph 3 CA Education Code Section 15278-15282 CA Building Standards Administrative Code, Part 1, Title 24, Sec 4-341 to 343 Web Sites Cabrillo Community College and COC: www.cabrillo.edu California Constitution text: www.leginfo.ca.gov/const.hmtl California Education Code: www.leginfo.ca.gov San Joaquin Delta College and COC: www.bond.deltacollege.edu El Camino College and COC: www.elcamino.edu – 15 Window Dressing or Effective Oversight? This page intentionally left blank. Window Dressing or Effective Oversight? - 16 Property Assessment: What’s business property really worth? Synopsis The Santa Cruz County Grand Jury reviewed the process used by the Santa Cruz County Assessor’s Office to establish value and determine the reduced assessment on a business property. The Grand Jury used information from a previously decided case of a large commercial entity that involved a collection of businesses, parcels and associated improvements. One of the key elements of this case was the use of an assessment methodology known as the “income method” for, at least in part, determining the fair market value of a business property. The Grand Jury’s objective was not to validate or “second guess” the assessor’s actual determination of the full cash value in the case reviewed but to understand the process employed in making that determination and to evaluate whether that process would deliver a fair and reasonable property valuation. No attempt was made to review all of the assessor’s processes. Definitions Assessment An estimate of the “full cash value” of a parcel and improvements for the purpose of determining the property tax. Capitalization Converting regular income over a period of time to an equivalent monetary value. Comparables Like properties, equipment and improvements having known market values that can be used to estimate the value of targeted properties, equipment and improvements. Consolidated Financial Reports A combined financial statement for a corporate entity which includes all of the profit centers in one combined financial statement. EBITDA Earnings Before Interest, Taxes, Depreciation, and Amortization — a measure of business income. Income Method A property assessment methodology used to establish the value of business property in which capitalization of a net income stream is used as one approximation. That is to say, we estimate the capital investment that would be required to produce the net revenue stream. We must assume a reasonable rate of return commensurate with the risk. The Property Assessment: What’s Business Property Really Worth? - 17 resultant capital investment would include land and improvements. To arrive at a calculated land value, the value of the improvements would be subtracted. Parcel Basic unit of real property subject to an assessment. Proposition 13 An amendment to the California Constitution passed by the voters in June 1978, governing the taxation of real property. Proposition 13 prescribed an assessment structure for establishing the base full cash value of a property and imposed limits on increases in the assessment above the base. Proposition 8 An amendment to the California Constitution that amended portions of Proposition 13 (see below) passed by the voters in November 1978. Proposition 8 permits property tax payers to request a reassessment of their property when they believe that their property has been reduced in value due to damage or other economic conditions. As Proposition 13 did not provide a mechanism for reducing the assessment, Proposition 8 was passed a short time later to incorporate a reduction mechanism. Background Assessor’s Office Responsibilities Property taxes are based on the assessed value of a property. It is the responsibility of the assessor to establish the full cash value of the property upon which the amount of property tax is calculated. The assessor does not collect taxes nor set the rules for how a property is assessed. In order to meet the responsibilities of the office, the assessor must: • Locate and identify the ownership of all taxable property in the county. • Establish a value for each property subject to property taxation. • List the value of each property on the assessment roll. • Apply any applicable legal exemptions and exclusions. Assessed Valuations The assessed value of real property is determined by law which includes the effects of Proposition 13. Proposition 13, passed in June of 1978, requires that the assessed value of real property be set at the 1975-76 full cash value (base year value). Real property is then reappraised only when a change in ownership occurs, or after new construction is completed. Generally, a change in ownership is a sale or transfer of property; new construction is an addition or improvement to a property. Except for these two instances, property assessments can be increased annually by the percentage increase in the consumer price index but by not more than 2%. However, business personal property (non-land/improvements such as equipment) and certain restricted properties are reappraised annually. The owners of all businesses must file a property statement each year detailing costs of all supplies, equipment and fixtures - 18 Property Assessment: What’s Business Property Really Worth? at each location. This annual statement is required unless the property qualifies for direct assessment (appraised by assessor). Business inventory is exempt from taxation. Proposition 8, passed in November of 1978, amended Proposition 13 providing clarifications and a mechanism allowing an assessor to reduce an assessment when a property has been substantially damaged or its value has been reduced by “other factors” such as economic conditions. A reduction to the base-year value under the auspices of Proposition 8 is not permanent. Assessors are required to track every reduction until the base year value is restored. A number of factors are used in assessing or reassessing the value of business property: • Market price of comparable land, considered at the most likely highest value usage. • Construction costs. • Equipment and improvements costs. • Business income, commonly EBITDA – earnings before interest, taxes, depreciation, and amortization. Disputed Assessments It is the assessor’s responsibility to establish a value for each property subject to property taxation. Property owners who disagree with the assessor’s appraisal can present their case to the assessor and provide evidence supporting a claim for a lower assessment. In the event that the property owner fails to convince the assessor, the property owner has the right to appeal to the Assessment Appeals Board, a three-person board of citizens appointed by the Santa Cruz County Board of Supervisors. Finally, property owners who are not satisfied with a determination by the Assessment Appeals Board can take their case to Superior Court. Scope The scope of this Grand Jury investigation was limited to a review of the assessor’s process used to reassess a unique commercial property owned by a privately held company. No attempt was made by the Grand Jury to validate or “second guess” the assessed value determined by the assessor. Findings 1. The case studied involved one company having a large number of parcels and multiple businesses. It was necessary for the assessor, with the property owner’s eventual concurrence, to segregate the parcels and associated improvements and other assets in order to determine which parcels, improvements and other assets were related to the requested assessment reduction. Property Assessment: What’s Business Property Really Worth? - 19 2. The business associated with the requested assessment reduction in this particular case is relatively unique making the use of “comparables” difficult. The Assessor’s Office, therefore, relied on the Income Method for determining the value of the property.
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A large door is locked from the inside. All equipment is within a caged area of the warehouse with controlled access. Response from the Elections Officer: In addition, there is 24-hour camera surveillance of the warehouse facility. C. Poll Site Security/Physical Equipment 12. The assigned person at each precinct picks up the voting equipment from the warehouse the day before the election. The cartridges are already in place and sealed. A poll worker takes the equipment home. On election day, they take it to the polling place and set it up. Response from the Elections Officer: We have four distribution centers: the Warehouse, Felton Fire, Aptos Library and Watsonville City Hall. In addition, we deliver equipment and supplies to the Inspectors at our Summit precincts on the Thursday before Election Day.
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At the close of the polls, two designated persons break the seals on the results cartridge and the memory pack and remove them from the machines. Cartridges and seals are put in a sealable orange bag. The printer is removed from the touch screen machine for transport. The orange bag and printer are prepared by an inspector and a designated person. These items are taken to the election department, where the bags are checked, verified, and stored in the Information Systems Analyst office until ready to tally. The person who checked out the equipment and brought it to the polling site is also responsible for taking it back to the county building. All voting equipment is eventually returned to the warehouse for storage. Electronic Voting - 7 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: There are three return centers: The County Government Center, Watsonville City Hall and Felton Fire Station. We are looking into adding more in the future.
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After the November 2006 election, the above process was reviewed by election staff. It was found that there were delays in equipment check-in. Response from the Elections Officer: In the future, the number of return centers will increase in an effort to decrease the time it takes for poll workers to return equipment and supplies.
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The issue of fire protection of the polling places was not addressed when the polling places were chosen. Since most poll sites are in public buildings, it was assumed that the fire protection available at the poll site location would be relied on. Response from the Elections Officer: Correct.
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The Main Jail is scheduled to install a new fingerprinting system that will enable officers to scan a prisoner’s thumb print as soon as they drive into the intake port. This system will begin the process of identifying the prisoner, saving the officer time later into the intake process. The same fingerprinting system will also be used to scan prisoners before they are released from jail, providing positive identification and reducing the chance that an inmate will be released erroneously. Jails Review - 3 Response: The Santa Cruz County Sheriff's Office AGREES.
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The touch screen voting machine has a printer which records the votes. It has 300 feet of paper inside the machine. During the last election, the paper often jammed. Response from the Elections Officer: There were a dozen paper jams on 140 units deployed. Personnel have since been trained to identify and correct most of the paper jamming problems.
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During the November 2006 election, two or three scanners failed and at least 12 printers jammed. When the failed scanners were tested, it was determined that they probably had been damaged in transport. Response from the Elections Officer: Two scanners were replaced at the beginning of the day due to malfunctions. Processes were in place for replacement equipment to be rapidly deployed. There was no delay in voting. Other scanner problems occurred, but they were operator error and were resolved via phone conversations with trained staff.
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The 400C Ballot Counter Machine reads the ballots very quickly. However, the catch basket, which is located outside the machine, is not large enough to hold all of the ballots. As a result, ballots can get bent or be ejected onto the floor. - 8 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: One person operates the 400C while two people collect ballots. This system ensures the least amount of stress on the ballots, so they are easily stored in ballot storage containers. We had 2 ballots fall on the floor and they were retrieved.
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In the majority of counties in California, medical services are contracted out by the county’s Sheriff’s Department to private companies. In most of the remaining counties, the Sheriff’s Department is responsible for providing medical care for inmates. The model used in Santa Cruz County with the county’s Health Services Agency responsible for providing medical care for inmates is unusual, though not unique.
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The memory pack plugs into the optical scanner. It also uses a database for capturing the votes as they are input when the ballot is scanned. The memory pack cannot be removed without breaking a seal. Response from the Elections Officer: Correct.
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Firmware (software imbedded in the machine) operates the machines. The Secretary of State demands the firmware be at a specific level (version). It cannot be changed after 60 days prior to election. A test is run to ensure the firmware level (version) is correct. Response from the Elections Officer: Correct.
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To ensure the reliability and accuracy of the equipment, logic and accuracy testing is conducted by the vendor and county personnel. Some experts believe that this testing is insufficient for validating the accuracy and reliability of the vote. They argue that it consists only of verifying whether the equipment is working. It does not evaluate the equipment’s security. Response from the Elections Officer: Logic and Accuracy tests are done by elections staff and a Logic and Accuracy board made up of people from our community. The vendor is not involved in this test. The test uses ballots, either paper or electronic, where the vote totals are known. The tests are run to ensure that the machines are counting correctly. An observation panel is invited to watch these tests. It is not a security test. Security is achieved through the processes and procedures we have in place as well as meeting the conditions required by the Secretary of State. Equipment security improvements are also being implemented by the vendor. Sequoia currently has voting system upgrades going through the federal qualification process that address identified security concerns.
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After they are finished voting, voters who use the touch screen equipment can verify the accuracy of their votes by looking at a compilation of their votes that is displayed in a window on the machine. Electronic Voting - 9 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: It is displayed on a Voter Verified Paper Audit Trail that is under a window attached to the machine.
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Following a written procedure, the designated poll worker and one other poll worker break the outer seal and assist the first voter to verify prior to his or her vote that the “total votes” displayed is zero. Both the poll worker and the voter sign an official document verifying that the vote count is zero. Response from the Elections Officer: The zero vote report is verified in writing by the first voter on the touch screen and the first voter who uses a paper ballot that is scanned into the scanner.
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On 10 percent of machines, a random sample with full paper recount is taken to check that the machines are tallying correctly. Response from the Elections Officer: Correct. SOS conditions require a 100 percent manual recount.
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After the November 2006 election, Capitola initiated a manual recount. Each precinct was reconciled separately. With approximately 3000 votes to count, it came out to within one vote of the machine count. The final election results did not change. Response from the Elections Officer: There was a recount requested for the Capitola City Council contest as well as the Watsonville City Council, District 5 contest. In both cases, a voter marked a vote on a paper ballot outside of the voting target area so the vote could not be read and tallied by the ballot counters. In both cases, this one ballot did not affect the outcome of the contests.
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During the November 2006 election, a number of absentee ballots had to be redone due to the types of pens used. Some voters used pens that bled through the paper and could not be read by the scanner. Response from the Elections Officer: Better instruction will be provided to voters in the future. Voters are instructed to use a blue or black ink pen. Pencil also works. But when voters use a Sharpie or felt-tip pen, the mark bled through the back-side of the ballot and resulted in untended votes on contests printed on the back side. A better stock of paper could also help this situation, but could increase postage due to weight. Ballots that had to be remade to reflect voter intent were done so in accordance with the law. - 10 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses 30. Provisional ballots were being used for voters who had come to the wrong polling place. Some provisional ballots had to be redone because they were folded the wrong way. Response from the Elections Officer: There are fold marks on the paper ballots. In the future, poll workers will be trained on how to fold the ballot correctly. Ballots that had to be remade to reflect voter intent were done so in accordance with the law.
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Before the November 2006 election, county staff did a lot of on-the-job training while concurrently preparing for the election because the equipment arrived late. Response from the Elections Officer: Correct. We work under very tight deadlines that cannot be extended.
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The training documentation from the vendor had to be completely redone because it had to be customized to the design of the Santa Cruz County election model. Response from the Elections Officer: Correct.
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In the future, the Elections Department plans to create a professional DVD to supplement poll worker training. Response from the Elections Officer: Correct. It is currently in process.
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Poll workers have documentation binders which have flip charts and checklists. Also, they are trained how to deal with the press and observers. Response from the Elections Officer: Correct. Electronic Voting - 11 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses 36. Poll workers indicated they wanted more “hands-on training” with the machines in addition to having more poll workers trained on the equipment. These machines are sophisticated computer equipment, and if something goes wrong, many poll workers don’t know what to do. (See Poll Worker Survey in the Appendix for more information.) Response from the Elections Officer: The Department offered an open lab from 8 a.m. to 5 p.m. Monday – Friday during the weeks prior to the Election with extra hours available in the evening and on the weekend upon request. Election workers were encouraged to take advantage of this extra hands-on training. Many did. In the future, we plan to move this lab to another location and better communicate to our election workers its availability.
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The touch screen machine was positioned with the back of the machine to the wall. This placement meant that the voter’s selections could be seen by others standing nearby. Response from the Elections Officer: We wanted to protect the back side of the machine which needs to be manual activated to pull up a ballot. The machines do not lend themselves to be turned around easily. A solution to this issue is being discussed with staff and the vendor.
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The county was proactive in making the touch screen machine wheel chair accessible by re-engineering the support legs. In addition, they custom designed carrying bags for the scanner. Response from the Elections Officer: Correct.
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Santa Cruz County was sued by the State Attorney General for not following Americans with Disabilities Act (ADA) regulations for polling sites. The parties agreed to settle the lawsuit without finding that the county had violated the ADA regulations. Response from the Elections Officer: Correct.
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Some polling places that were shared by more than one precinct also shared touch screen machines. This arrangement caused some confusion because voters had to identify which precinct they were voting in as the first step in the voting process, and many did not know. - 12 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: Our plan is to purchase additional touchscreens and scanners to allow us to assign one of each to each voting precinct. This plan is on hold pending final clarification from the SOS on the conditional certification of the voting equipment and renewal of the Help America Vote Act contract to allow these costs to be covered by the federal funds. It is very possible the additional equipment will not be received in time for February 2008, but we anticipate having them in time for June 2008.
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The staffing for the poll places was conducted in the same manner as in previous elections. Polling place staff is typically temporary help from the community. The polling place supervisors are relied upon to pick up the equipment at the warehouse the day before the election, keep it at their houses overnight and take it to their polling places in the morning for set up. Response from the Elections Officer: We had additional staff at the polls and had the addition of the Technical Rovers. We also rely heavily on county workers to serve in the polls. For the 2008 election cycle, the Board has agreed not to hold board meetings thereby freeing up additional county workers who can serve in the polls.
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In general, voters who used the touch screen machine seemed unaware of the importance of verifying their votes by comparing them with the compilation of their ballot that was visible through a window on the machine. Response from the Elections Officer: It’s hard to say what voters find important. Some voters mark a paper ballot so quickly they fail to vote the back side. I believe all voting takes time, care and consideration and choices whether made electronically or on paper require double checking to ensure the voter marked his/her choices as intended. Certainly checking the paper record on a touch screen unit to confirm the electronic record provides reassurance that the vote was recorded accurately, if the voter wants that reassurance. Poll workers will be asked to remind touch screen voters to verify their votes on the VVPAT.
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A recent news release announced that Florida will shift its voting system to a system of casting paper ballots counted by scanning machines. Several counties around the country will be moving to adopt the touch screen system with the paper trail.
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The Grand Jury also conducted exit surveys with 320 voters throughout the county. (The total votes cast was recorded as 50,189 in 170 polling places.) The results of the survey are as follows: • Only about 19 percent of the sample chose to use the touch screen machines. • One hundred percent of those who chose to use the touch screen felt comfortable using it. • Ten percent of those who chose to use the paper ballot with optical scanner felt uncomfortable using it. B. Grand Jury Observations 51. Members of the Grand Jury made general observations while conducting the exit voter and poll worker’ surveys at the November 2006 election. They witnessed the failure of some equipment and agreed with many of the solutions suggested by the poll workers. [See Appendix for more information about the survey.] 52. During the November 2006 election, it was observed that most poll workers gave paper ballots to the voters and did not indicate that the touch screen method was available.
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It was also observed that not all voters were offered a receipt for voting when they used the touch screen machine. Conclusions 1. It is a matter of national priority to have a transparent electronic process and accurate election results.
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The investigation reviewed the performance of the oversight committee, including its reports to the public. The investigation did not reveal any misappropriation of funds or any violations of the law or regulations in the creation and operation of the committee. However, it did reveal several areas where the district and the committee could improve oversight and provide greater transparency to the public in the expenditure of the bond funds. Definitions COC Citizen Oversight Committee. Independent Audit An audit by a Certified Public Accountant of the financial statement of the District’s Measure D Bond Fund and a performance audit to assure that funds have only been expended on voter approved projects. Measure D Funds The $118.5 million Measure D Bond Funds passed by the County voters in March 2004 to use for construction, rehabilitation and leasing of school facilities. Background Legislation Proposition 39, an initiative constitutional amendment and statute, was passed by state voters in November of 2000. It amended the California Constitution and resulted in a revision to the California Education Code. It provided for a 55% vote to pass local bond measures, in lieu of the standard 2/3 vote requirement, if specific accountability requirements were incorporated in the bond measure. These “accountability requirements” (Article XIIIA Sec 1 (b) (3) of the California Constitution) for school bond measures are summarized as follows: • Must require that funds can only be spent for construction, rehabilitation, and/or leasing of facilities including furnishings and equipment. • Must contain a list of specific school facilities projects to be funded. – 1 Window Dressing or Effective Oversight? • Must require an independent annual performance audit to ensure that funds have only been spent for the projects listed in the measure. • Must require an independent annual financial audit until funds have been spent. In addition, California Education Code Sections 15278-15282 directs that the bond measure require the formation of an independent Citizen Oversight Committee. Its purpose is to inform the public as to the district’s compliance with the above accountability requirements. The scope of its activities is divided into two categories, required and optional, as follows: Required Optional 1. Ensure that the district conforms to 1. Receive and review performance accountability requirements. audits.
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Medic First Aid International. 2003. Medic First Aid AED Supplement, Student Guide. American Heart Association. 2004. Automated External Defibrillation, Implementation Guide. Sudden Cardiac Arrest Association. Information pamphlet. Emergency Medical Services Integration Authority, Audit of Out-of-Hospital Cardiac Arrests, Santa Cruz County, October 1, 2004 – September 30, 2006, May 2007. Media articles Santa Cruz Sentinel, Classified advertisement for employment. EMSIA Firefighter/Paramedic. 4/1/07, E-13. Praise for Rescuers at S. J. Airport. San Jose Mercury News. 8/31/06, A-1 Jump-Start a Heart: The Simplified Approach. New York Times. 7/4/06. http://nytimes.com. Automatic defibrillators spreading across Pickens. The Greenville Times. 4/21/04. http://greenvilleonline.com/news/2004/04/21/2004041229733.htm. Monterey County, Calif., patrol cars to get heart defibrillators. Monterey County Herald. 5/17/06. http://jems.com/products/aeds/articles/104698. Paramedic service on the horizon Fire district needs county permission. Santa Cruz Sentinel. 2/10/02. http://www.santacruzsentinel.com/archive/2002/February/10/local/stories/07local.htm Graniterock takes no chances when it comes to safety. Santa Cruz Sentinel. 4/7/04. www.santacruzsentinel.com/archive/2004/April/07/biz/stories/01biz.htm New device helps heart attack victim. Santa Cruz Sentinel. 7/30/06. www.santacruzsentinel.com/archive/2006/July/30/local/stories/08local.htm Heartless burglar swipes Little League’s defibrillator. Santa Cruz Sentinel. 4/29/05. www.santacruzsentinel.com/archive/2005/April/29/local/stories/06local.htm First action heroes. Davis Enterprise. 12/8/06. http://www.davisenterprise.com/articles/2006/12/10/news/023new0.prt. Spread of defibrillators urged: Studies find lives are saved when heart devices are quickly accessible. San Francisco Chronicle. 10/29/00. http://www.sfgate.com/cgi- bin/article.cgi?file=/chronicle/archive/2000/10/26/MN6851.DTL. Surviving Sudden Cardiac Arrest - 15 Improving the Odds with Automated External Defibrillators Woman turns tragedy into personal mission: Son’s cardiac arrest prompts crusade for portable, public defibrillators. NBC Nightly News. 2/23/07. http://www.msnbc.msn.com/id/17303236/ Blow to chest can be fatal in child athletes, study finds. CNN.Com. 11/13/06. http://www.cnn.com/2006/HEALTH/11/13/heart.sports.reut/index.html?eref=rss_us. Most clubs lack lifesaving devices: 80 percent of facilities without defibrillators. Spokane Review. 1/1/07. http://spokesmanreview.com/local/story.asp?ID=167016 Doctors blame taser stun gun for fibrillation. New York Times. 11/2/05. http://www.nytimes.com/2005/09/02/business/02taser.html. Heart expert warns about using Tasers. San Francisco Chronicle. 1/5/05. http://www.sfgate.com/cgi- bin/article.cgi?f=/c/a/2005/01/05/BAGOGAL4CS17.DTL&hw=defibrillator&sn=023&sc =471 Cardiologists warn of stun gun dangers. foxreno.com. 1/5/05. http://www.foxreno.com/news/4050534/detail.html From the editor: Don’t be shocked. JEMS Magazine. May 2005. http://www.jems.com/jems/30-5/244715/ Heart expert warns about using Tasers. San Francisco Chronicle. 1/5/05. http://www.sfgate.com/cgi- bin/article.cgi?file=chronicle/archive/2005/01/05/BAGOGAL4CS17.DTL. Jump starting the guy in 23C. San Francisco Chronicle. 12/22/02. http://www.sfgate.com/cgi- bin/article.cgi?file=chronicle/archive/2002/12/22/TR224209.DTL OC grand jury blames bad nursing in jail death. San Francisco Chronicle. 5/1/07. http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/05/01/state/n0141603.DTL. Muni stations to get defibrillators. San Francisco Chronicle. 12/11/04. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//2004/12/11/BAGJOAAEJM1.DTL. Oakland: 16 new defibrillators on duty at the airport. San Francisco Chronicle. 4/23/05. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//2005/04/23/BAEBDIGEST2.DTL Defibrillators on hand at Alameda County fair. San Francisco Chronicle. 6/22/01. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//2001/06/22/MNL157010.DTL Tiburon cops to carry portable defibrillators. San Francisco Chronicle. 4/19/99. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//1999/04/19/MNR1BA3.DTL Spread of defibrillators urged. San Francisco Chronicle. 10/26/00. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//2000/10/26/MN6851.DTL Pac Bell Park gets defibrillators. San Francisco Chronicle. 10/5/01. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//2001/10/05/MN120651.DTL Patrol cars will be getting defibrillators. San Francisco Chronicle. 11/19/98. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//1998/11/19/MNR4C01.DTL - 16 Surviving Sudden Cardiac Arrest Improving the Odds with Automated External Defibrillators Portable defibrillator is often a lifesaver. San Francisco Chronicle. 11/10/98. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//1998/11/10/MN38198.DTL Town arms cops with defibrillators. San Francisco Chronicle. 2/7/97. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//1997/02/07/MN56981.DTL Life-saving devices in Bay Area airports. San Francisco Chronicle. 10/27/99. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//1999/10/27/MN20764.DTL User-friendly defibrillators saving lives. San Francisco Chronicle. 7/9/01. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a//2001/07/09/MN176397.DTL AED Program Descriptions Police Chiefs, Sheriff, Launch Defibrillator Drive, effort underway to equip all patrol cars with life-saving devices. Salinas Valley Memorial Healthcare System. http://www.svmh.com/pressroom/news.asp?itemid=91&type=newsdetail. A guide to the Seattle-King County Community Responder CPR-AED Program. King County, Washington. Emergency Medical Services. http://www.metrokc.gov/health/ems/aed.htm Automated External Defibrillators. University Health Service Tang Center. http://www.uhs.berreley.edu/aed.shtml. EMS-Public Access Defibrillation. San Mateo County Health Department. http://www.co.sanmateo.ca.us/smc/department/printable/0,2151,1954_291885143,00.html. Automatic external defibrillator system. San Diego State University. http://police.sdsu.edu/aed.htm. City of Sunnyvale. Council meeting award of bid no. F0505-81 for Automated External Defibrillators and accessories. http://sunnyvale.ca.gov.City+Council+meetings/2006. Orange County Board of Supervisors receives Lifesaving AED. Orange County Government On-line. http://www.oc.ca.gov/press/2001/2001_Apr05a.asp. Automatic External Defibrillators (AEDs). San Francisco Board of Supervisors. http://www.sfgov.org/site/bdsupvrs_page.asp?id=286414. Schools, children and SCA Gregory W. Moyer Defibrillator Fund. http://www.GregAED.org. Parent Heart Watch. http://www.parentheartwatch.org. Project TJ. http://www.svmh.com/pressroom/lifeline/2005_spring/page2.html. Response to cardiac arrest and selected life-threatening medical emergencies: The medical emergency response plan for schools. American Heart Association. http://www.onelife.americanheaert.org/presenter.jhtml?identifier=3017969. Why your child’s school needs and AED. http://www.startaheaert.info/needschool.html. Surviving Sudden Cardiac Arrest - 17 Improving the Odds with Automated External Defibrillators Glen Falls boy saved by defibrillator. Times Union. Albany, NY. http://timesunion.com/aspstories/story.asp?storyID=560749. Stueben sheriff saves boy. Star-Gazette, Elmira, NY. http://www.stargazettenews.com/apps/pbcs.dll/article?AID=/20070205/update/302050018. General health information Automated external defibrillator. Wikipedia. http://en.wikipedia.org/wiki/Automated_external_debibrillator. Cardiopulmonary resuscitation (CPR): First Aid. MayoClinic.com. http://www.mayoclinic.com/health/first-aid-cpr/FA00061. Sudden Cardiac Death. eMedicine.com. http://www.emedicine.com/med/topic276.htm Automatic External Defibrillation. eMedicine.com. http://www.emedicine.com/emerg/topic698.htm. Ventricular fibrillation. eMedicine.com. http://www.emedicine.com/med/topic2363.htm EMS and Cardiac Arrest. eMedicine.com. http://www.emedicine.com/emerg/topic710.htm Automatic External Defibrillation. eMedicine.com. http://www.emedicine.com/emerg/topic698.htm AED Manufacturers Cardiac Science, Inc., http://www.powerheart.com Philips, Inc., http://www.medical.philips.com/main/products/resuscitation/ Medtronic, Inc., http://www.medtronic-ers.com/ ZOLL Medical Corp., http://www.zoll.com/ Organizations with SCA interest Sudden Cardiac Arrest Association. http://www.suddencardiacarreat.org. American Red Cross. http://www.redcross.org/services/hss/courses/aed.html#train American Heart Association. http://www.americanheart.org/presenter.jhtml?identifier=1200000 and search for AED. Local government and EMS partners Santa Cruz County Health Services Agency. http://www.santacruzhealth.org/1welcome.htm Santa Cruz County Emergency Communications Center. http://www.sccec.org. Santa Cruz County Health Services Agency, Public Health Department, Emergency Medical Services. http://www.santacruzhealth.org/phealth/ems/3ems.htm. - 18 Surviving Sudden Cardiac Arrest Improving the Odds with Automated External Defibrillators The State of the County’s Health 2005. Santa Cruz County Health Services Agency. http://www.santacruzhealth.org/pdf/2005%20STATEOFTHECOUNTYHEALTH.pdf The State of the County’s Health 2006. Santa Cruz County Health Services Agency. http://www.santacruzhealth.org/pdf/2006%20STATEOFTHECOUNTYHEALTH.pdf American Medical Response. http://www.amr.net. Federal Government Information Federal Occupational Health, Public Access Defibrillation Guidelines. http://www.foh.dhhs.gov/public/whatwedo/AED/HHSAED.asp Occupational Safety and Health Administration. Cardiac Arrest and Automated External Defibrillators (AEDs). U. S. Dept. of Labor. http://www.osha.gov/dts/tib/tib_data/tib20011217.html Automated External Defibrillator (AED). U. S. Food and Drug Administration. http://www.fda.gov/hearthealth/treatments/medicaldevices/aed.html. California Codes and Statistics Defibrillation statistics, 2005.California Emergency Medical Services Authority. http://www.emsa.cahwnet.gov/Data_inf/defib05.asp. Defibrillation statistics, 2004. California Emergency Medical Services Authority. http://www.emsa.cahwnet.gov/Data_inf/defib04.asp Cause of Death. California Department of Health Service, Center for Health Statistics. http://www.dhs.ca.gov/CHS/OHIR/tables/death/causes.htm California Codes, Health and Safety Code, Sec. 104100-104140, Health Studios require AEDs after July 1, 2007. California Codes, Health and Safety Code, Sec. 1797.190-1797.196, AED installation requirements. California Codes, Health and Safety Code, Sec. 1714.2-1714.21, Release of liability for AED use in an emergency. Interviews Local health, emergency services and medical personnel. Survivors of sudden cardiac arrest. Surviving Sudden Cardiac Arrest - 19 Improving the Odds with Automated External Defibrillators This page intentionally left blank. - 20 Surviving Sudden Cardiac Arrest Improving the Odds with Automated External Defibrillators Santa Cruz County Grand Jury Final Report with Responses: Section 5 Schools and Libraries Committee Reports Checked In: Santa Cruz City-County Library System Follow-up Review Synopsis The 2006-2007 Grand Jury followed up on a 2004-2005 Grand Jury review of the Santa Cruz County Library System. In addition to investigating the status of previous recommendations, the 2006-2007 Grand Jury looked into worker safety and hiring practices. The Grand Jury gathered information by interviewing upper management, most branch managers and some employees. The Jury also toured library facilities, including most of the local branches. It was discovered that some previous recommendations been appropriately addressed, while others still require attention. Background Prior Grand Jury Recommendations In 2004-2005, the Santa Cruz County Grand Jury did an extensive review of the Santa Cruz City-County Library System, an investigation which resulted in the following recommendations: • “The Santa Cruz City Manager should review the Director of Libraries’ job performance according to the Library Joint Powers Authority Agreement.” • “Library administration should conduct an efficiency study, to find reasonable alternatives to the way staff are located within the library system and are rotated in and out of the central branch.” • “The Joint Powers Authority Board should immediately begin to find an alternative to the crowded and inefficient location at 1543 Pacific Avenue.” • “Since the operation of the Santa Cruz City-County Library System depends on Measure B Sales tax revenue that will expire in 2013, economy measures and new funding sources must be found to maintain existing levels of service.” • “The library staff and Joint Powers Authority Board must develop contingency plans for the future capital projects if a bond issue is unsuccessful at the polls.” Library System Mission Statement “Serving County residents since 1917, the mission of the Santa Cruz Public Libraries, California is to provide materials and services which help community residents meet their personal, educational, cultural, and professional information needs. Our mandate is to provide free information services to all residents of Santa Cruz, Scotts Valley, Capitola, and the County's unincorporated areas. We do this through a system of branch libraries stretching from La Selva Beach to Boulder Creek, via an Outreach Program serving those unable to get to a library, through Santa Cruz City-County Library System: - 1 Follow-up Review telephone reference services, dial-up access to our computer catalog, and other electronic databases. Our collections are linked by an automation system which tells where any System book or other item is located and whether it is available for checkout.”1 Library System-Branches-Current and Planned The following table represents the current status of the branches as of April 2007, and identifies priority projects for improvements. BRANCH/DEPT CURRENT PLANNED AVG PRIORITY ** FACILITY FACILITY DAILY SQ FT SQ FT USAGE Aptos Branch (Tier II) * 8000 12,500 600 Deferred Aptos Branch Parking Lot N/A Priority Boulder Creek Branch (Tier I) * 7500 7,500 250 None Branciforte Branch (Tier I) 7500 7,500 500 None Capitola Branch (Tier I) * 4320 7,500 500 Priority Central Branch (Tier III) * 44,000 55,000 1200 Priority Felton Branch (Tier I) * 1,250 7,500 300 Priority Garfield Park Branch (Tier I) 2,343 2,343 150 None La Selva Beach Branch (Tier I) 2,200 2200 115 None Live Oak Branch (Tier II) * 12,500 12,500 600 None Scotts Valley Branch * 5,300 12,500 300 Priority Pacific Ave Headquarters * 11,450 12,000 N/A Priority [1] [2] [3] [4] [5] *The Grand Jury interviewed staff and toured branch. **Priority (Capital Spending) Definitions Joint Powers Authority Board The Joint Powers Authority Board (JPA Board) oversees the operations of the Santa Cruz County Library systems, setting policies and exercising responsibilities delegated to in the Joint Powers Agreement. The JPA Board consists of nine appointed members — two from the Santa Cruz City Council; two from the Santa Cruz County Board of Supervisors; one each from the Capitola and Scotts Valley City Councils; and three at- large citizens appointed by majority vote of the Board representing the geographic diversity of the area. Lock Box A secured locked box which contains emergency procedures and keys. Library Mission Statement, http://www.santacruzpl.org/libraryadmin/libmiss.shtml - 2 Santa Cruz City-County Library System: Follow-up Review Tier I Branches The smaller neighborhood libraries that have neither the space nor the resources to provide complete information services to their communities. Instead, a Tier I provides a popular materials collection, meets the ready reference needs of adults, and endeavors to meet the library information needs of children through the junior high level. Tier II Branches Larger branches, serving regional populations. They have bigger collections, provide more reference services, and endeavor to meet the information needs of youngsters through the high school level. The service area of a Tier II branch usually encompasses Tier I branches as well. Tier III Branch The single Tier III branch is the Central Branch in downtown Santa Cruz. It serves as system headquarters for the collections, reference and youth services, and has special collections such as local history, California, and genealogy. Scope Follow up on Previous Investigation 1. Verified that the change in the job performance review process for the director of libraries is an operational procedure.

Recommendations 1

Conclusions 75

Commendations 14